Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 2086 (UTT)

RAJESH v. STATE OF UTTARAKHAND

BA1/241/2025 · 2025-03-20

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2004 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 241 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Asmi, learned counsel, holding brief of Ms. Sadaf, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA for the State. 3. Present applicant–Rajesh is in judicial custody since 14.01.2025 and seeking bail in relation to FIR/Case Crime No.0595 of 2024, registered on the basis of FIR dated 18.10.2024 at Kotwali Gangnahar, Roorkee, District Haridwar, wherein the present applicant has been implicated for the offences punishable under Sections 109(1), 115(2), 127(2), 324(4) and 3(5) of the B.N.S, 2023. 4. Learned counsel for the applicant submits that the dispute is nothing but a dispute amongst the two brothers and family members with regard to some property and the FIR was lodged by the wife of the younger brother of the present applicant. 5. Learned counsel for the applicant also submits that the other co-accused, who are also the family members of the complainant, granted anticipatory bail by this Court on 30.01.2025 in ABA No.87 of 2025. Apart from this, he submits that the applicant has no previous criminal history. 6. On the other side, Mr. Siddhartha Bisht, learned AGA for the State, on written instruction, submits that the investigation is still going on, however, prima facie, from the record, as placed on 2025:UHC:2004 record, by the applicant, it reveals that the dispute is with respect of some property. He also submits that the applicant has no previous criminal history and the other co-accused have already been enlarged on interim bail in ABA No.87 of 2025. 7. After hearing the arguments, as advanced by learned counsel for the parties, this Court is of the view that prima facie it appears that there is a dispute regarding property between two brothers and the family members and the applicant has no previous criminal history, the applicant deserves to be enlarged on bail. 8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 9. Let the applicant, namely, Rajesh, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 10. It is made clear that if the applicant be released on bail, he will not make any attempt to give any threat to the complainant, who is the wife of his younger brother, and the applicant will cooperate with the investigation. Apart from this, this Court also hope and trust that after being released on bail, the applicant being as an elder brother should come forward to resolve the family dispute with his brother and other family members. (Rakesh Thapliyal, J.) 20.03.2025 R.Bisht 2025:UHC:2004